Denied
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TAW-58457  /  Sonoco Products Company (Charlotte, NC)

Petitioner Type: Company
Impact Date:
Filed Date: 12/05/2005
Most Recent Update: 12/19/2005
Determination Date: 12/19/2005
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,457

SONOCO PRODUCTS COMPANY
FLEXIBLES PACKAGING DIVISION
CHARLOTTE, NORTH CAROLINA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of
1974, as amended (19 USC 2273), the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance. The group eligibility requirements for
directly-impacted (primary) workers under Section 222(a)
the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be
satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision
of the firm, have become totally or partially
separated, or are threatened to become totally or
partially separated;
B.the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C.increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to
the decline in sales or production of such firm or
subdivision; or

II. Section (a)(2)(B) both of the following must be
satisfied:

A. a significant number or proportion of the workers
in such workers' firm, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become
totally or partially separated;
B. there has been a shift in production by such
workers' firm or subdivision to a foreign country
of articles like or directly competitive with
articles which are produced by such firm or
subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has
shifted production of the articles is a party to
a free trade agreement with the United States;
2. the country to which the workers' firm has
shifted production of the articles is a
beneficiary country under the Andean Trade
Preference Act, African Growth and Opportunity
Act, or the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were
produced by such firm or subdivision.

The investigation was initiated on December 5, 2005 in
response to a petition filed by a company official on
behalf of workers of Sonoco Products Company, Flexibles
Packaging Division, Charlotte, North Carolina. The workers
produce flexible packaging for consumer products (i.e.
snacks and beverage, etc.).
The investigation revealed that criteria
(a)(2)(A)(I.B) and (a)(2)(B)(II.B) were not met.
The investigation also revealed that sales and
production at the subject firm increased from 2003 to 2004,
and in January through November 2005 over the corresponding
2004 period.
Employment at the subject firm did not decline in the
relevant period. There is, however, a threat of employment
decline.
The investigation further determined that the subject
firm did not shift production of packaging to a foreign
country from 2003 through November 2005.
In addition, in accordance with Section 246 the Trade
Act of 1974 (26 USC 2813), as amended, the Department of
Labor herein presents the results of its investigation
regarding certification of eligibility to apply for
alternative trade adjustment assistance (ATAA) for older
workers.
In order for the Department to issue a certification
of eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply
for TAA, the workers cannot be certified eligible for ATAA.


Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Sonoco
Products Company, Flexibles Packaging Division, Charlotte,
North Carolina, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C., this 19th day of December, 2005.


/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance